U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Tribal Healing to

Wellness Courts

The Key Components
This document was prepared by the Tribal Law and Policy Institute, under grant number

98–DC–VX–K004,awarded by the Bureau of Justice Assistance,Office of Justice Programs,U.S.

Department of Justice. The opinions, findings, and conclusions or recommendations 

expressed in this document are those of the authors and do not necessarily represent the 

official position or policies of the U.S. Department of Justice.

U.S. Department of Justice

Office of Justice Programs

810 Seventh Street NW.

Washington, DC 20531

John Ashcroft

Attorney General

Deborah J. Daniels

Assistant Attorney General

Richard R. Nedelkoff

Director, Bureau of Justice Assistance

Office of Justice Programs

Home Page

www.ojp.usdoj.gov

Bureau of Justice Assistance

Home Page

www.ojp.usdoj.gov/BJA

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also

includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile

Justice and Delinquency Prevention, and the Office for Victims of Crime.

NCJ 188154
Prepared by the 

Tribal Law & Policy Institute

8235 Santa Monica Blvd., Ste. 205

West Hollywood, Ca. 90046

Tel: 323–650–5467

Fax: 323–650–8149

staff@tribal-institute.org

Tribal Healing to

Wellness Courts

The Key Components

April 2003

NCJ 188154

Cover photo by Kenny Blackbird.
iii

Contents

Table of Contents

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Key Component #1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Tribal Healing to Wellness Courts bring together community-healing

resources with the tribal justice process, using a team approach to

achieve the physical and spiritual healing of the participant and the

well being of the community.

Key Component #2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Participants enter the wellness court program through various referral

points and legal procedures while protecting their due process rights.

Key Component #3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Eligible substance abuse offenders are identified early through legal

and clinical screening for eligibility and are promptly placed in the

Tribal Healing to Wellness Program.

Key Component #4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Tribal Healing to Wellness Programs provide access to holistic, structured

and phased, substance abuse treatment and rehabilitation services that

incorporate culture and tradition.

Key Component #5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Participants are monitored through intensive supervision that includes

frequent and random testing for alcohol and other substance use.

Key Component #6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Progressive consequences (or sanctions) and rewards (or incentives) are

used to encourage participant compliance with program requirements.

Key Component #7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Ongoing judicial interaction with each participant and judicial involvement

in team staffing is essential.

iii
iv

Tribal Healing to Wellness Courts

Key Component #8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Monitoring and evaluation measure the achievement of program goals

and gauge effectiveness to meet three purposes: providing information to

improve the Healing to Wellness process; overseeing participant progress;

and preparing evaluative information for interested community groups

and funding sources.

Key Component #9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Continuing interdisciplinary education promotes effective wellness court

planning, implementation, and operation.

Key Component #10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

The development of ongoing communication, coordination, and 

cooperation among team members, the community and relevant 

organizations are critical for program success.

Sources for Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Tribal Advisory Committee for the Tribal Healing to

Wellness Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Recommended Reading List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
v

Preface

I

n 1996, a committee of practitioners and others involved

with drug court program operations was established

under the leadership of the National Association of Drug

Court Professionals (NADCP). The committee was

authorized to identify the critical elements of drug court

programs to serve as the foundation for later drug court

program development. As a result of the committee’s

efforts—Defining Drug Courts: The Key Components—

was published by the Drug Courts Program Office (now

part of the Bureau of Justice Assistance [BJA]) in 1997

and has served as the framework for drug court

development and operational activities in state courts.

This document focused primarily on the development of

adult drug court programs.

As tribal drug courts (known generally as “Tribal

Healing to Wellness Courts” or simply “wellness

courts”) have developed, it became clear that there

was a need to adapt this 1997 publication of the Key

Components for state courts to more specifically address

the critical issues and challenges faced by Tribal Healing

to Wellness Courts. Consequently, this publication—

Tribal Healing to Wellness Courts: The Key Components—

was designed to provide suggested “key components”

and recommended practices needed for Indian Nations

and tribal justice systems to consider as they design,

develop, and implement adult drug courts that meet the

needs of their individual communities.

Tribal Healing to Wellness Courts: The Key Components

was developed by the Tribal Law and Policy Institute in

close collaboration and consultation with the Tribal

Advisory Committee for the Tribal Healing to Wellness

Courts and with the funding and support of the U.S.

Department of Justice, Office of Justice Programs. The

Tribal Advisory Committee is a diverse group of Tribal

Healing to Wellness court practitioners and others

involved with Tribal Healing to Wellness Courts (a list of

Tribal Advisory Committee members is provided at the

end of this publication). The primary developers of this

publication were five members of the Tribal Advisory

Committee—Cindy Haro, Judge Joseph Flies-Away,

Pat Sekaquaptewa, Jerry Gardner and Janna Walker.

Tribal Law & Policy Institute consultant Kristen Law

provided extensive editorial assistance.

This publication is organized around ten key

components, adapted for Indian Nations and tribal justice

systems, which describe the basic elements that define

Tribal Healing to Wellness Courts. The purpose of each

key component is explained, followed by several

recommended practices that give guidance for

implementing each component.

The Tribal Advisory Committee intends for the key

components and recommended practices presented in

this publication to be aspirational, generally describing

the best practices, designs, and operations of wellness

courts. The committee acknowledges, however, that local

funding and resources, political, operational, and other

issues will not permit every Native community

establishing a Tribal Healing to Wellness Court to adopt

all aspects of these guidelines. Moreover, tribal custom

and tradition may also guide an individual community to

develop a wellness court that does not strictly follow

these guidelines. 

Neither the U.S. Department of Justice nor the Tribal

Law & Policy Institute intends that the recommended

practices offered here serve as a certification or

regulatory checklist for tribal grantees. Because wellness

courts will be implemented differently in each

community, the recommended practices are meant to

serve as a practical, yet flexible framework for

developing effective wellness courts in vastly different

jurisdictions and to provide a structure for conducting

research and evaluation for program accountability and

effectiveness.

Preface
vii

Introduction

T

he drug court movement began in the late 1980s in

response to the growing number of drug-related court

cases, the higher rates of recidivism for drug involved

defendants, and the resulting overcrowded jails and

prisons. The standard law enforcement and corrections

policies alone were not having the impact on drug supply

and demand that the proponents of the “War Against

Drugs” had hoped. The drug court approach departed

from the standard court approach for disposing of these

cases by systematically bringing drug treatment to the

criminal justice population entering the court system.

While in the past, courts had referred selected offenders

“out” to treatment as a condition of probation, in the

drug court, treatment is anchored in the authority of the

judge who holds the defendant or offender personally

and publicly accountable for treatment progress. 

A drug court is a special court docket to which cases

involving alcohol and other substance abusing offenders

are assigned for intensive supervision and treatment.

Drug court programs bring the full weight of all

interveners (judge, prosecutor, defense counsel,

substance abuse treatment specialists, probation officer,

law enforcement and correctional personnel, educational

and vocational experts, community leaders and others) to

bear, forcing the offender to confront his or her

substance abuse problem. The drug court concept

involves leveraging the coercive power of the criminal

justice system to achieve abstinence and alter criminal

behavior through the combination of intensive judicial

supervision, treatment, mandatory drug testing,

incentives, escalating sanctions, case management, and

strong aftercare programs.

The design and structure of drug court programs are

developed at the local level, to reflect the unique

strengths, circumstances and capacities of each

community. Many sectors of the community are

integrally involved in the planning and implementation

process of a drug court system, including: criminal

justice, substance abuse treatment, law enforcement,

educational and vocational entities and community 

anti-drug organizations.

The drug court concept is not new to Indian Nations and

tribal justice systems. In fact, it is very much in keeping

with the traditional justice process in many Native

communities. Major efforts to develop tribal drug courts

have been underway since 1997. According to the Office

of Justice Programs Drug Court Clearinghouse and

Technical Assistance Project, there are currently thirty

operational Tribal Healing to Wellness Courts. Fifty

additional Tribal Healing to Wellness Courts are in the

planning stages.1

In July 1999, the Tribal Law and Policy Institute

developed a publication with the funding and support

of the U.S. Department of Justice, Office of Justice

Programs entitled Healing to Wellness Courts: A

Preliminary Overview of Tribal Drug Courts. The

Preliminary Overview provides a description of Tribal

Healing to Wellness Courts and addresses critical issues

and challenges relevant to the implementation of Tribal

Healing to Wellness Courts. These include: the role of

the Native community, the role of tribal custom and

tradition, addressing specific alcohol and drug issues,

and addressing jurisdiction and resource issues.

The National Association of Drug Court Professionals

(NADCP) with the funding and support of the U.S.

Department of Justice, Office of Justice Programs also

developed a publication in 1999 entitled Tribal Mentor

Courts that describes the initial three Tribal Healing to

Wellness mentor courts. These tribal mentor courts are as

follows: Poarch Creek Indian Drug Court Program

in Atmore, Alabama; The Blackfeet Tribal Alternative

Court in Browning, Montana; and the Fort Peck

Community Wellness Program in Poplar, Montana.

The Hualapai Tribal Wellness Court in Peach Springs,

Arizona has since been added as a fourth tribal mentor

court.

A Tribal Healing to Wellness Court is not simply a tribal

court that handles alcohol or other drug abuse cases. It is,

rather, a component of the tribal justice system that

incorporates and adapts the wellness court concept to

meet the specific substance abuse needs of each tribal

Introduction
viii

Tribal Healing to Wellness Courts

community. It therefore provides an opportunity for each

Native community to address the devastation of alcohol

or other drug abuse by establishing more structure

and higher level of accountability for these cases and

offenders through a system of comprehensive

supervision, drug testing, treatment services, immediate

sanctions and incentives, team-based case management,

and community support.

Tribal wellness courts face a number of unique issues

and challenges not generally encountered by state drug

court systems. Consequently, the development of tribal

wellness courts has required special strategies that have

emerged during the course of program planning and

implementation. Because tribal wellness courts are

relatively new and evolving, they are continually

adapting to meet the needs of their target populations

and their communities. 

Healing to Wellness Courts, in effect, contribute to the

on-going community and nation building process of

Indigenous tribal governments. As each Tribal

(Indigenous) Nation can only be as strong and steadfast

as its citizens and families, Healing to Wellness Courts

help to put misguided individuals back on track, on to a

healing to wellness journey. Each tribal community and

nation must define and describe the nature of this

healing journey. Its direction and pathway must be

guided by each Indian Nation’s culture, tradition,

common practices and vision.
Key Component 1

Tribal Healing to Wellness Courts bring together community-healing resources

with the tribal justice process, using a team approach to achieve the physical

and spiritual healing of the participant and the well being of the community.

Healing to Wellness Courts bring the collective impact

of the Healing to Wellness Court team with the

combined efforts of community leaders compelling

the participant to confront his or her substance abuse

problem. Once the participant is accepted into the

program (through plea agreement or other means), the

team’s focus is on the participant’s healing journey to

recovery and law abiding behavior. 

Each team member performs an essential role in a

participant’s healing and in promoting wellness in

the community. In this cooperative—rather than

adversarial—process, the court may choose to draw

from local traditional restorative, reparative, or

peacemaking concepts of justice to promote individual

and community wellness. For example, some Healing

to Wellness Courts have the assistance of community

elders or other community dispute resolution authorities

in the judicial role, as part of a judicial panel, or as a

team member. 

A typical court team may include, but is not limited to,

the judge, a case manager, an alcohol and other drug

treatment provider, a human services provider, and

probation or other law enforcement officer. Some

Healing to Wellness Courts function successfully

without regular involvement of prosecutors or defense

counsel. A key to successfully implementing a Healing

to Wellness Court is developing a plan that identifies

who will perform essential tasks based on existing

and/or emerging community resources and local tribal

norms and customs.

Recommended Practices

1. Planning should be carried out by a broad-based

group, including persons representing all aspects of

the tribal criminal justice system, the local treatment

T

he overall goal of Tribal Healing to Wellness Courts

is the healing of individuals, families, and

communities by directing participants onto a healing

journey. Specifically, wellness courts aspire to reduce

the abuse of alcohol and other drugs and drug related

criminal activity in a tribal community. Wellness courts

promote recovery through a coordinated community

based response to an individual offender’s dependence

on alcohol and other drugs. 

Tribal Healing to Wellness Courts are developed at the

local level to reflect the unique strengths, circumstances

and capacities of each community. Many individuals

and organizations are integrally involved in the planning

and implementation process of a drug court system,

including: criminal justice, substance abuse and mental

health treatment, police, social services, schools,

traditional healers, elders, education and employment

entities, and other community organizations. The

combined energies of these individuals and

organizations can assist and encourage offenders to

accept help that could change their lives. 

Tribal justice systems and tribal treatment providers

have historically worked independently from one

another and with different target populations. The

Healing to Wellness Court provides an opportunity for

them to come together to meet the specialized needs of

offenders with alcohol or other drug abuse issues. 

The criminal justice system has the unique ability to

influence a person shortly after a significant triggering

event such as arrest, and thus can convince that person

to begin his or her healing journey through a structured

treatment process. Research indicates that a person

coerced to enter treatment by the criminal justice system

is likely to do as well as one who volunteers for

treatment.2

1
2

Tribal Healing to Wellness Courts

programs, tribal leaders, elders, and other local

community policymakers.

2. Traditional healing and dispute resolution authorities

should be included in the decision making process and

traditional values should be carefully considered in the

development and ongoing modification of the Healing to

Wellness Court.

3. The team members should work collectively to

develop and implement a holistic approach to the

physical and spiritual healing of the offender and the

well being of the community.

4. Tribal justice and healing departments and agencies

should maintain ongoing communication, including

frequent exchanges of timely and accurate information

about the participant’s overall program performance. In

many Healing to Wellness Courts, the teams have

meetings (often called case staffings) just before a

participant’s court appearance (referred to as a status

hearing or compliance hearing) to ensure that the needed

information is available. The case manager, probation

officer, or another team member may have the

responsibility to collect information from service

providers working with each participant prior to this

meeting. 

5. For consistency and stability in the early stages of

Healing to Wellness Court operations, it is

recommended that the core planning and implementation

team members remain with the wellness court program

for a sufficient period of time to build a sense of

teamwork and to reinforce a nonadversarial atmosphere. 

6. In order to ensure mutual respect, prompt and

consistent meeting of responsibilities, and community

recognition of the professional integrity of the court and

its team members, methods of shared decision making

and conflict resolution among Healing to Wellness Court

team members should be established such as written

protocols, memorandums of understanding (MOUs), and

inter-agency agreements. 

7. Regularly scheduled meetings should be established

to evaluate and modify the healing to wellness process

based on past experiences.

8. Documents defining the Healing to Wellness Court’s

mission, goals, eligibility criteria, operating procedures,

and performance measures should be collaboratively

developed, reviewed, and agreed upon by the planning

group. Planning groups may choose to keep their

governing bodies informed by including tribal leaders on

the team or by making regular presentations to the tribal

government about the progress in developing the

wellness court. 

9. Ongoing interdisciplinary education should be

provided for every person involved in planning and

implementing the wellness court to develop a shared

understanding of the values, goals, and operating

procedures of both the treatment and justice system

components. This should include familiarizing team

members with community customs and traditions for

addressing an individual’s behavior when it is not in

accordance with local standards.
3

Referrals of potential participants into the Healing toWellness Court may take place at different points in

the legal system. The referral may be made:

■ Before charges are filed in a criminal matter or for

violation of a tribal ordinance (pre-trial);

■ After charges are filed but before any plea is entered

or finding of guilt is made (pre-adjudication), or

■ After the plea or finding of guilt (post-adjudication).

If there is a pre-adjudication referral, the Healing to

Wellness Court may require the participant to sign a

statement admitting to the facts which support the

criminal charges (often referred to as an “admission of

facts”). This admission assists in a later prosecution of

the participant if the requirements of the Healing to

Wellness Court are not completed. If the referral is postadjudicatory, typically a Court will set aside, or vacate,

any sentence that has been imposed and dismiss the

charges if the participant successfully completes the

wellness program. 

In determining the eligibility of an offender for the

Healing to Wellness Court, the team balances:

■ Improving the chance of eliminating future criminal

behavior and substance abuse by fast entry into the

wellness court process with;

■ The practical problems of postponing or delaying a

prosecution in their regular court process.

Police officers, probation officers, social workers,

counselors or others may submit “referral forms” to a

court intake officer, clerk, or case manager requesting

that an individual be placed in the Healing to Wellness

Court. Defense attorneys, prosecutors or presenting

officers may submit “motions to admit and transfer” a

defendant into the Healing to Wellness Court. A judge on

his or her own motion may also issue a “general court

order” ordering an individual to be admitted into the

Wellness Court.

Tribal criminal courts may accept a “stipulated

agreement” signed by the parties by issuing a

“stipulated order” admitting a defendant into the

Healing to Wellness Court. These are orders based on an

agreement between the defendant and prosecutor where

the defendant admits to the facts underlying the

charges—in essence pleading guilty. The parties agree to

the continued jurisdiction of the criminal court while the

defendant participates in the Healing to Wellness Court

Program, and in the event that such person is terminated

from the Wellness Court, the prosecutor may pursue the

original charge in the criminal court. Alternatively, where

the person successfully completes the Wellness Court

Program, the defendant is allowed to withdraw his or her

guilty plea and the prosecutor will dismiss the charge.

Healing to Wellness Courts use a variety of written

notices, agreements, waivers, questionnaires and forms to

gather information, to protect participant rights and to

allow for the sharing of information about the participant

to assist in his or her successful treatment. These

documents also serve the crucial purpose of documenting

the requirements of federal and tribal law. Some of these

documents may include “information collection forms

or commercial treatment questionnaires” that gather

basic information such as a participant’s full name,

contact information, family history, employment history,

financial background, criminal history, and the nature

and extent of the individual’s substance use and abuse; a

wellness court “participation agreement” where the

participant agrees to report for a clinical assessment, to

sign and participate in the individualized treatment plan,

to attend required status or compliance hearings, classes,

counseling sessions, groups and other activities, to be

alcohol and drug tested, to sign a release of information

form, and that the agreement was undertaken freely and

voluntarily without being under the influence of alcohol

or drugs; and a “release of information form” to allow

KEY COMPONENT 2

Participants enter the wellness court program through various referral

points and legal procedures while protecting their due process rights.
4

Tribal Healing to Wellness Courts

wellness court team members to share information about

the participant in order to assist him or her in the

successful completion of the wellness court process.

Some tribal wellness teams have found it useful to enter

into “tribal inter-agency agreements” specifying each

agency’s commitment to the overall goals of the Healing

to Wellness Court Program and the specific obligations,

duties, and funding commitments of each agency in the

furtherance of successful wellness program operations.

In many communities, tribal members are often

prosecuted for offenses committed off-reservation.

Consequently, a Healing to Wellness Court may allow for

entry into the process based on charges and referral from

another jurisdiction. In these cases, formal agreements or

“Memorandums of Understanding” (MOUs) are often

entered into between the jurisdictions specifying what

information is shared and how the referral process is

coordinated.

A tribe’s constitution, laws, and court rules will also be

important sources for the team in designing Healing to

Wellness Court policies and procedures consistent with

existing tribal law and values. For tribes that are

concurrently developing criminal courts and courts of

general civil jurisdiction, the wellness court planning

process may include additional tasks such as drafting a

tribal code or ordinance to define the power and

authority of the wellness court, to adopt special policies

and procedures, to define which behaviors by offenders

fall within the scope of the wellness court, and to

identify any particular individual rights protected by

existing tribal and applicable federal laws.

Recommended Practices

1. Prosecutors, presenting officers and defense counsel, if

available, should participate in the design of screening,

eligibility, and case processing policies and procedures to

guarantee that due process rights and public safety needs

are served. The continuing role and the nature of the role

of prosecutors, presenting officers and defenders in the

daily operations of the Healing to Wellness Court should

be discussed with all team members and mutually agreed

upon.

OVERVIEW OF REFERRAL POINTS AND LEGAL PROCEDURE

Criminal Act

Arrest

Court Process

TRIBAL HEALING TO WELLNESS COURT

Pre-Trial Referral

(Prosecutor defers filing charges)

Post-Adjudication 

(After a guilty plea or finding of guilt 

but sentence deferred or stayed)

Pre-Adjudication Referral

(After charges filed but before guilty 

plea or finding of guilt)
5

KEY COMPONENT 2

2. Team members should perform the following range of

tasks:

■ review particular cases and determine if the defendant

or juvenile is eligible for the drug court program

(legal screening);

■ determine if the defendant or juvenile will benefit

from the treatment and other therapeutic activities

available (clinical screening);

■ file all necessary legal documents; 

■ review the arrest warrant, affidavits, charging

document, and all other relevant information, and

program documents (e.g., waivers, written

agreements);

■ advise the offender as to the nature and purpose of the

drug court, the rules governing participation, the

consequences of failing to abide by the rules, and how

participating or not participating in the drug court will

affect his or her interests; 

■ explain all of the rights that the offender will

temporarily or permanently relinquish, where

applicable; 

■ provide advice on alternative courses of action,

including legal and treatment alternatives available

outside the drug court program, and discuss the

long-term benefits of sobriety and a drug-free life;

and explain that because criminal prosecution for

admitting to alcohol and other drug use in open court

will not be pursued, the defendant is encouraged to be

truthful with the judge and with treatment staff, and

inform the participant that he or she will be expected

to speak directly to the judge, usually without an

attorney or advocate present;

■ participate in a coordinated strategy for responding to

positive alcohol and other drug tests and other

instances of noncompliance;

■ agree that a positive alcohol or other drug test or open

court admission of alcohol or other drug possession

or use will not result in a referral for or the filing of

additional drug charges based on that admission; 

■ make decisions regarding the participant’s continued

enrollment in the program based on performance in

treatment rather than on legal aspects of the case,

barring additional criminal behavior. 

3. All communication about an individual’s participation

in treatment must be in compliance with the provisions

of 42 CFR, Part 2 (the federal regulations governing

confidentiality of alcohol and drug abuse patient

records), and with similar tribal regulations.3
7

Atraumatic event in a person’s life, such as an arrest,creates an immediate crisis and can force substanceabusing behavior into the open therefore decreasing the

likelihood of denial. The period immediately following

an arrest, an apprehension for a probation violation, or a

charge under a tribal ordinance violation, provides a

critical window of opportunity for intervening and

emphasizing the value of alcohol and other drug

treatment. Judicial action, taken promptly after the

traumatic event, uses this crisis period to stress the

consequences of the substance abusing behavior and

successfully promote the offender’s participation in the

healing journey through the Healing to Wellness Court

Program.

Legal Screening refers to the process by which

participants are identified as appropriate based on

guidelines such as the nature of the offense (for example,

many programs are limited to handling non-violent

offenders under federal drug court funding

requirements), jurisdictional limitations (for example,

tribal courts do not have criminal jurisdiction over nonKey Component 3 

Eligible substance abuse offenders are identified early through legal and 

clinical screening for eligibility and are promptly placed in the Tribal Healing

to Wellness Program.

TRIBAL HEALING TO WELLNESS COURT TASK CHART

TASK PURPOSE ACTIVITIES TIME & COST BY WHOM

Legal Screening • examine public safety • review: • these activities are • any of these: 

& risk - current charges (drug part of typical criminal - prosecution 

• determine if legally or alcohol related) proceedings so no - defense

permitted to - criminal history added time or costs - police 

participate - circumstances compared to criminal - probation

court - coordinator 

Clinical Screening • determine offender’s • explain process • takes 5 to 30 minutes; • any of these: 

readiness for treatment • sign releases costs include staff time - case manager

& appropriateness of • brief review of & training (some - treatment provider

drug and/or alcohol substance use, social screening forms - probation

treatment history, & other are free)

disorders

• willingness to

participate 

Clinical Assessment • diagnose participant, • examine scope & • 1 to 2 hours or more, • clinically trained and

admission & treatment nature of substance depending on complexity qualified counselor,

planning abuse of problems; costs psychologist,

• identify full range include staff time & psychiatrist, social

of services needed training, costs of worker, nurse

• match participants diagnostic and 

to specific services assessment 

instruments 
8

Tribal Healing to Wellness Courts

Indians), age appropriateness, and other guidelines based

upon the chosen target population. 

Clinical Screening refers to an intake interview

conducted by a trained intake officer or treatment

professional to determine the participant’s level of

chemical dependency and suitability for wellness court

given existing treatment services and therapeutic

activities.

Clinical Assessment & Phased Treatment Plan refer

to the completion of a detailed clinical assessment

undertaken by a treatment professional who then

develops an individualized treatment plan based on the

participant’s identified needs.

Timing—Prompt placement of a participant in the

wellness program increases the effectiveness of treatment

and the community’s confidence in the tribal justice and

treatment systems. Participants are immediately

immersed in a therapeutic regimen and the public sees a

meaningful response to the offender’s behavior and sees

the eventual success of the program in reducing alcohol

and other drug use and related criminal behavior.

Recommended Practices

1. Eligibility screening should be undertaken using

written legal criteria and tested clinical screening tools.

Program coordinators, case managers, tribal prosecutors,

or other qualified team members are designated to

legally screen cases and identify potential participants.

Trained intake officers or treatment professionals should

also conduct initial clinical screening to determine

whether the individual’s treatment needs will be met by

the available treatment services.

2. Promptly advise eligible participants about the

requirements, benefits and consequences of participating

in this healing journey. 

3. Assess the participant’s need for substance abuse

services, diagnose any mental health issues, and

formulate an individualized treatment plan.

4. Schedule an initial appearance before the Healing to

Wellness Court judge immediately after arrest,

apprehension, or referral, to improve the likelihood of

success for the participant.

5. Once the participant agrees to placement in the

Healing to Wellness Court, the court should require the

participant to begin active involvement in treatment

services and other therapeutic activities or supplemental

services (such as educational, and job skills programs)

immediately.
9

T

he Healing to Wellness Court concept is generally

viewed as being consistent with traditional Native

justice concepts and methods. Traditional methods of

justice for Indian people created an environment that

focused on the problems underlying the criminal act

rather than the act itself and stressed family, extended

family, and community involvement in the healing

process. The Healing to Wellness Courts are a modern

revitalization of guiding Native principles of justice,

truth, honor, respect, harmony, balance, healing,

wellness, apology or contrition, restitution, and

rehabilitation, using a holistic approach. The Healing to

Wellness Court concept can be adapted by tribes to

restore harmony and balance to individuals, the family,

and the communities that have been devastated by

alcohol and drug abuse.

In a Healing to Wellness Court Program, a “Phased

Treatment Plan” provides the therapeutic environment

for participants and their families. This plan may include

a year or more of tightly scheduled required therapeutic

and other activities for the participant and his or her

family. The Healing to Wellness Court provides weekly

or bi-monthly legal pressure, in the form of required

compliance hearings, to keep participants and their

families involved, while treatment professionals engage

in therapeutic and other activities to provide positive

lifestyle changes.

Each Wellness Court Program is unique. Many have

pre-set schedules for group sessions and/or other

treatment related activities. Many programs match their

treatment schedule and treatment plan to the completion

of phases. For example, Phase I may focus on detoxing

the participant and gathering information, getting the

participant to understand why he or she is in the

Wellness Court and educating the participant in the

nature and impact of alcohol and drugs on his or her

body and the family. Phase II may have goals of getting

the participant to admit that he or she has a substance

abuse problem and to accept responsibility for hurting

him or herself and others, including a focus on increased

self-care and the development of healthy, balanced

decision-making skills. Phase III might focus on the

participant’s resolution to be clean and sober and to act

as a peer role model. Phase IV is often designed as an

aftercare phase which focuses on preparing a participant

to face the challenges of re-connecting to the community,

and developing an external support system.

The most successful phased treatment plans include a

combination of individual counseling, alcohol and

substance abuse education and other topical classes,

cognitive-behavioral group therapy, experiential (outdoor

or wilderness) therapy, group therapy, relapse prevention

counseling, and support groups. Participants are required

to attend group or individual counseling, courses, and

activities on a frequent (often weekly) basis. Participants

are also required to be frequently and randomly alcohol

and drug tested throughout the required phases.

Recommended Practices

1. The team including justice, treatment, and social

services professionals and traditional healers and

peacemakers or elders, should work together to

understand and design the standard elements, therapeutic

goals, and scheduling requirements of a standard phased

treatment plan. The phases may include, for example,

alcohol and drug education classes, individual and group

counseling on a number of topics, cognitive-behavioral

and experiential therapies, relapse prevention counseling,

and support groups. A standard phased treatment plan

should take into consideration existing tribal financial

and treatment resources.

2. Teams should also encourage additional training for

treatment providers in the specific therapies and

modalities used by therapeutic courts (for example,

cognitive-behavioral therapy, experiential therapy, and

relapse prevention counseling).

Key Component 4 

Tribal Healing to Wellness Programs provide access to holistic, structured

and phased, substance abuse treatment and rehabilitation services that 

incorporate culture and tradition.
10

Tribal Healing to Wellness Courts

3. Teams should also plan to cross-train justice and

treatment professionals and traditional healers,

peacemakers, and elders in existing and new treatment

therapies, modalities, and other therapeutic activities.

4. Treatment plans should be tailored to the individual

participant’s needs based on the conclusions derived

from the clinical assessment. Treatment providers and

traditional healers may recommend a certain number of

counseling sessions or activities per week (frequency),

certain types of therapies or activities (“modalities”

including individual, group, family or sweat lodge

sessions), specifying the length of sessions or activities

(duration), tasks or assignments to be completed

(objectives), or sessions focusing on specific topics (such

as anger management). The clinical assessment may also

reveal a need for mental health counseling provided by a

psychologist or psychiatrist in addition to standard drug

and alcohol abuse counseling.

5. Tribal Healing to Wellness Courts also incorporate a

wide range of traditional healing, peacemaking, and

cleansing activities into their programs. Traditional

healing practices have proven particularly effective in

addressing Native alcohol and substance abuse problems.

Involvement in traditional, cultural, religious, and

community activities have also proven effective. The

following activities may be integrated as requirements of

a phased treatment plan: cleansing ceremonies, talking

circles, peacemaking, sweat lodges, Native American

Church activities, visits with a medicine man/woman,

and elder-participant mentorships, (The specific

practices, ceremonies, and activities vary substantially

from tribe to tribe and from participant to participant).

6. The team should ensure that case management is

undertaken with each participant. Case management

means that someone is officially responsible for

coordinating the services need by the participants such as

job training, money management skills, parenting skills,

educational advancement, medical or dental services, and

transportation and other basic necessities such as

housing, water, gas and electricity. This assistance will

provide participants with the additional support

necessary to succeed in the Healing to Wellness Court.
11

T

he Healing to Wellness journey is not accomplished

alone. Rather, the process or journey is taken with the

support and encouragement of the Healing to Wellness

Court staff, extended family, friends, and other

community resource personnel. While the choice to

become healthy and well remains solely with the

individual, it becomes a group venture to help reach and

sustain this goal. Many people join together to assist in

monitoring and supervising the participant’s progress on

the healing journey.

Drug testing plays an integral role in the healing journey

of the individual. Without random and frequent alcohol

and other drug testing, there is no reliable method of

knowing that a participant is receiving the full benefits

from services. Drug testing helps ensure that the

participant is making progress in the healing journey.

Modern technology offers highly reliable testing to

determine if an individual has recently used specific

drugs. Further, it is commonly recognized that alcohol

use frequently contributes to relapse among individuals

whose primary drug of choice is not alcohol.

Frequent, random, and observed court-ordered alcohol

and other drug testing is essential to document the

participant’s compliance with program requirements.

This assures that the participant is allowing the healing

process to begin. Alcohol and other drug testing results

are objective measures of treatment effectiveness, as well

as a source of important information for periodic review

of treatment progress. Testing helps shape the ongoing

interaction between the court and each participant.

Timely and accurate test results promote frankness and

honesty among all parties. It also gives the participant

immediate information about his or her own progress,

making the participant actively involved in the healing

process and journey rather than a passive recipient of

services.

Recommended Practices

1. Testing should be administered frequently and

randomly in order to assure participant accountability.

Testing should occur a minimum of three times per week

during the early phases of treatment, with reduced

frequency thereafter.

2. The scope of testing should be sufficiently broad to

detect the participant’s primary drug of choice as well as

other potential drugs of abuse, including alcohol. Since

the drug of choice in most indigenous communities is

alcohol, the frequent and random use of a breathalyzer

should be incorporated into the testing regime.

3. The drug-testing procedure must be reliable. Elements

contributing to the reliability and validity of a urinalysis

testing process include, but are not limited to:

■ Direct observation of urine sample collection; 

■ Verification of temperature and measurement of

creatinine levels to determine if water loading has

occurred;

■ Specific, detailed, written procedures regarding all

aspects of urine sample collection, sample analysis,

and result reporting must be developed and available

for review by participants, team members and other

concerned parties; 

■ A documented chain of custody for each sample

collected; 

■ Quality control and quality assurance procedures for

ensuring the integrity of the process; and 

■ Procedures for verifying accuracy when drug test

results are contested.

Key Component 5

Participants are monitored through intensive supervision that includes

frequent and random testing for alcohol and other substance use.
12

Tribal Healing to Wellness Courts

4. Alcohol and other drug testing policies and procedures

should be based on established and tested guidelines. If a

program uses contracted laboratories to analyze urine or

other samples, these laboratories should be held to

established standards.

5. Ideally, test results should be available and

communicated to the court and the participant within one

day. The wellness court functions best when it responds

immediately to noncompliance. The time between

sample collection and availability of results should be

short. The court should be notified immediately when a

participant has tested positive, has failed to submit to

testing, has submitted the sample of another, or has

adulterated a sample. Wellness Programs should develop

a coordinated strategy for responding to positive tests,

missed tests, and fraudulent tests.
13

As the Healing to Wellness journey is a difficult andcomplicated endeavor, participants are closely

supervised throughout their participation in the Healing

to Wellness Court program. Even the slightest progress is

recognized and encouraged by way of praise and other

rewards or incentives. Similarly, noncompliance with

program requirements is detected promptly by way of

reprimand or more severe consequences or sanctions.

Both incentives and sanctions in Healing to Wellness

Courts support the participant’s effort to move forward

on his or her healing journey, away from substance abuse

and addiction. 

An established principle of alcohol and other drug abuse

treatment is that addiction is a chronic, relapsing

condition. A pattern of decreasing frequency of use

before sustained abstinence from alcohol and other drugs

is common. Becoming sober or drug free is a learning

experience, and each relapse may be used to teach the

participant about the recovery process. 

Treatment aimed at preventing the return to alcohol and

other drug use is imperative in the early stages and

emphasized throughout the process. It helps participants

learn to manage their ambivalence toward recovery,

identify situations that stimulate cravings, and develop

skills to cope with high-risk situations. 

Participants may exhibit a pattern of positive alcohol

and/or drug tests within the first several months

following admission. While wellness courts recognize

that individuals have a tendency to relapse, continuing

use is not condoned. Healing to Wellness Courts must

impose appropriate graduated responses for any

continuing use. Providing a written copy and explaining

these responses to the participants when they enter the

process emphasizes the predictability, certainty, and

swiftness of the Court’s response to their behavior. 

Punishments, or sanctions, can be imposed for a

participant’s noncompliance with other Healing to

Wellness Court requirements, in addition to positive drug

tests. Participant behavior calling for a response might

include missing a court appearance, a positive alcohol

and/or drug test, or missing a group therapy session.

Sanctions might include: requiring the participant to

make extra court appearances; wait until last to be called

at the regular court appearances; increased time in the

program; return to a prior phase; and/or to do additional

community service.

A participant’s progress through the wellness court

experience is measured by his or her compliance with the

treatment plan. Certainly cessation of alcohol and/or

drug use is the ultimate goal of treatment. However,

there is value in recognizing incremental progress toward

the goal, such as showing up at all required court

appearances, regularly arriving at the treatment program

on time, fully participating in the treatment sessions,

cooperating with staff, and submitting to regular testing.

Small rewards for incremental successes have an

important effect on a participant’s sense of purpose and

accomplishment.

Recommended Practices

1. Treatment providers, the judge, and other program

staff should maintain frequent, regular communication to

provide timely reporting of progress and noncompliance

and to enable the court to respond immediately.

Procedures for reporting noncompliance should be

clearly defined in the wellness court’s operating

documents. 

2. Responses to compliance and noncompliance should

be explained verbally and provided in writing to wellness

court participants before, or during their orientation, and

as necessary during program participation. 

3. The responses for compliance should vary in intensity.

They can include:

Key Component 6

Progressive consequences (or sanctions) and rewards (or incentives) are

used to encourage participant compliance with program requirements.
14

Tribal Healing to Wellness Courts

■ Encouragement and praise from the bench;

■ Ceremonies and tokens of progress, including

advancement to the next treatment phase; 

■ Involvement in community or cultural activities;

■ Community recognition of participant success;

■ Traditional gifts (such as Pendleton blankets) in

recognition of participant success;

■ Reduced supervision;

■ Decreased frequency of court appearances;

■ Reduced fines or fees;

■ Dismissal of criminal charges or reduction in the term

of probation;

■ Reduced or suspended incarceration; and

■ Graduation.

4. Responses to, or sanctions for, noncompliance might

include:

■ Warnings and admonishment from the bench in open

court; 

■ Demotion to earlier program phases;

■ Increased frequency of alcohol and other drug testing

and court appearances; 

■ Community service (such as providing services for

tribal elders);

■ Required appearances before traditional forums or to

be instructed by tribal elders; 

■ Confinement in the courtroom or jury box; 

■ Increased monitoring and/or treatment intensity;

■ Fines; 

■ Increased community service or work programs; 

■ Escalating periods of jail confinement (However,

wellness court participants remanded to jail should

receive treatment services while confined and family

members should continue to receive ancillary

services); and 

■ Termination from the program and reinstatement of

regular court processing.

5. Progress toward reducing the abuse of alcohol and

other drugs and drug related criminal activity is marked

by specific and measurable criteria such as compliance

with program requirements; no repetition of alcohol or

drug related criminal activity and alcohol and other drug

use; participation in treatment; and restitution to the

victim or to the community.
15

T

he judge, or whoever serves in a judicial role (elders,

elders panels, and traditional dispute resolution

authorities), serves as the leader or guide of the Healing

to Wellness Court Team. This position is the link

between the criminal justice system and the community’s

healing and wellness resources. The Court’s early and

frequent interaction with the participant throughout the

healing process during court appearances (often called

status hearings) increases the likelihood that a participant

will remain in treatment and improves the chances for a

successful healing journey to sobriety and law-abiding

behavior. 

A Healing to Wellness Court judge must be prepared and

have the authority to encourage appropriate behavior and

to discourage and penalize inappropriate behavior

through the imposition of incentives and sanctions.

Ongoing judicial supervision also communicates to

participants—often for the first time—that someone in

authority cares about them and is closely watching what

they do. 

Healing to Wellness courts require judges to step beyond

their role in other courts and participate as part of the

team. An effective Healing to Wellness Court judge is

knowledgeable about treatment and how treatment and

the tribal justice process interact. Their participation in

case staffings ensures team members share and discuss

information and conflicting views in a timely manner

that allows the judge to effectively respond to each

participant. 

Recommended Practices

1. Judicial participation at case staffings promotes

consistency in a team’s prompt response to the

participant’s conduct and assures that the judge is fully

prepared for the status hearings. 

2. The judge must have a basic understanding of alcohol

and other drug treatment and be able to discuss the

treatment plan with trained professional treatment

providers.

3. Regular status hearings are used to monitor participant

performance and progress:

■ Frequent status hearings during the initial phases of

the participant’s program establish and reinforce the

drug court’s policies and promotes effective

supervision. 

■ Time between status hearings may be increased or

decreased based on compliance with treatment

protocols and observable progress.

■ Having a significant number of drug court participants

appear at a single session gives the judge the

opportunity to educate both the participant at the

bench and those waiting as to the benefits of program

compliance and consequences of non-compliance. 

4. The court applies appropriate incentives and sanctions

in response to a participant’s progress in his or her

healing journey.

5. Payment of fees, fines and/or restitution may be part

of the participant’s healing journey. The court supervises

such payments and takes into account the participant’s

financial ability to fulfill these obligations. No one

should be denied participation in drug courts solely

because of inability to pay fees, fines, or restitution.

6. The judge plays an active role in the treatment

process, including frequently reviewing treatment

progress. The judge responds to each participant’s

positive efforts as well as to noncompliant behavior

through a consistently applied set of rewards and

punishment (incentives and sanctions) developed during

the team planning process.

Key Component 7

Ongoing judicial interaction with each participant and

judicial involvement in team staffing is essential.
17

S

uccessful Healing to Wellness Court Programs

carefully monitor, collect, organize, and analyze

information from the beginning of the planning stages of

the program and regularly throughout program

operations. There are two primary purposes for the

collection and management of wellness court

information. First, it is important to frequently monitor

internal program operations in order to make changes to

improve the existing process. Second, over time, it will

become necessary to demonstrate to tribal and federal

policymakers and funders that the wellness court is

working—that it is reducing repeat offenses and

substance abuse.

Certain types of information should be formally

collected and organized in a wellness court database:

■ An explanation of the target population for the Tribal

Healing to Wellness Court Program followed by

documentation of the particular types of charges, prior

records, nature and severity of alcohol or substance

abuse, tribal membership, age, sex, etc. of each

participant;

■ Document the nature of alcohol and drug use while in

the wellness court by keeping statistics on the

frequency and results of alcohol and drug testing of

each participant;

■ An explanation of the available treatment modalities

for alcohol and/or substance abuse, followed by

documentation of the treatment services and other

activities provided to each participant;

■ Document the wellness program completion rate by

keeping statistics on how many people are accepted

into the program, how many people graduate from the

program, how many people are currently active in the

program, what is the average length of time that

people are active in the program, and how many

people have been terminated from the program;

■ Document the re-arrest rate while in the wellness

court by keeping statistics on what types of charges

are filed, how many times after graduation, and to

what extent people remain arrest free.

■ Document the impact of the wellness court on the

participant’s life circumstances by keeping statistics

on each participant’s enhanced education level,

acquisition of job skills, employment, improved

physical health, the re-uniting of families, and the

number of drug free babies born during participation

in the wellness program.

In addition to collecting and managing information to

improve internal program operations, it is also important

to have formal wellness court evaluations done to

demonstrate to policymakers and funders (present and

potential) that the wellness program is reducing re-offenses

and substance abuse.

Key Component 8

Monitoring and evaluation measure the achievement of program goals

and gauge effectiveness to meet three purposes: providing information

to improve the Healing to Wellness process; overseeing participant

progress; and preparing evaluative information for interested community

groups and funding sources. 

WELLNESS COURT DATABASE

• Law Enforcement Records

• Court Records

• Probation Records

• Selected Treatment Records

• Selected School Records

• Wellness Court Intake Information

• Alcohol & Drug Test Results
18

Tribal Healing to Wellness Courts

Evaluation is the process of gathering and analyzing

data to measure the effectiveness of the program and the

accomplishment of the program’s long-term goals. There

are generally two types of evaluations useful for Healing

to Wellness Courts: process evaluations and outcome

evaluations.

A process evaluation appraises progress in meeting

operational and administrative goals (e.g., whether

treatment services are implemented as intended).

An outcome evaluation assesses the extent to which the

program is reaching its long-term goals (e.g., reducing

criminal recidivism). An effective design for an outcome

evaluation is one where data is collected on a

comparison group that does not receive Healing to

Wellness court services and then it is compared to the

data collected on wellness court participants. Outcome

evaluations should be planned at the beginning of a

wellness court program as these evaluations require at

least a year to compile results including contacting and

interviewing individuals in a comparison group and those

who participated or graduated from the wellness court

program.

Recommended Practices

1. The collection and management of information, and

the effective evaluation of such data, should begin in the

initial planning stages. As part of the comprehensive

planning process, team members should establish

specific and measurable goals that define the parameters

of data collection and management. At this point in the

process an evaluator can be a useful member of the

planning team.

2. Data needed for internal program monitoring can be

obtained from records maintained for day-to-day

program operations, such as the numbers and general

demographics of individuals screened for eligibility; the

extent and nature of alcohol and other drug problems

among those assessed for possible participation in the

program; and attendance records, progress reports, drug

test results, and incidence of criminality among those

accepted into the program. 

3. Team members should gather and organize data in

useful formats for regular review.

4. Ideally, much of the information needed for

monitoring and evaluation is gathered through an

automated system that can provide timely and useful

reports. If an automated system is not available, manual

data collection and report preparation can be designed to

fit the available record keeping system. Additional

monitoring information may be acquired by observation

and through program staff and participant interviews. 

5. Automated and manual information systems should

adhere to written guidelines that protect against

unauthorized disclosure of sensitive personal information

about individuals. 

6. Internal program monitoring reports should be

reviewed at frequent intervals by team members. They

can be used to analyze program operations, gauge

effectiveness, modify procedures when necessary, and

refine goals. 

7. Process evaluation activities should be undertaken

throughout the course of the drug court program. This

activity is particularly important in the early stages of

program implementation. 

8. If feasible, a qualified independent evaluator should be

selected and given responsibility for developing and

conducting an evaluation design and for preparing

interim and final reports. If an independent evaluation is

unavailable the program may design and implement its

own evaluation, based on guidance available through the

field. 

■ Judges, prosecutors, the defense bar, treatment staff,

and others may design the evaluation collaboratively

with the evaluator.

■ Ideally, an independent evaluator will help the

information systems expert design and implement the

information management system. 

■ The Healing to Wellness Court should ensure that the

evaluator has access to relevant justice system and

treatment information.

■ The evaluator should maintain continuing contact

with the court and provide information on a regular

basis. Preliminary reports may be reviewed by team

members and used as the basis for revising goals,

policies, and procedures as appropriate.
19

Key Component 8

9. At least six months after participants begin exiting a

Healing to Wellness Court, the differences between

wellness court graduates and members of the comparison

group (which should have been defined during the

planning stages of the wellness court program) should be

examined to determine the long-term outcomes of the

wellness program. Follow-up evaluation should include

the collection and analysis of the following types of

information (please refer to the U.S. Department of

Justice’s Office of Justice Programs “Drug Court Grantee

Data Collection Survey” as a beginning):

■ Who is eligible to participate in the drug court

program? 

■ Characteristics of program participants

■ Number of participants

■ Number of graduates from the drug court program

■ Number of people admitted to the program

■ Number of people who completed the program

■ Number of people who failed the program

■ Number of people currently enrolled

■ Age of participants

■ Gender of participants

■ Number of drug-free babies born to participants

■ Number of participants of different racial or ethnic

descent

■ Number of participants who gained a GED or

vocational training credential while in the program

■ Number of participants employed at graduation

■ Number of persons for whom bench warrants were

issued, who have not been picked up, and have been

in bench warrant status for over 60 days

■ Number of participants arrested or convicted while in

the drug court program 

■ Number of clients who re-entered the drug court

program, after court/self termination or graduation 

■ Number of participants arrested or convicted after

graduation

■ Number of participants who remain drug free after

graduation
21

All Healing to Wellness Court team members and staffshould be involved in interdisciplinary education and

training before the first case is heard. Interdisciplinary

education exposes judges, court and probation staff to

treatment issues, and treatment staff to criminal

justice process and issues. It also develops shared

understandings of the values, goals, and operating

procedures of both the treatment and the justice system

components. Judges and court personnel typically need

to learn about the nature of alcohol and other drug

problems and the theories and practices supporting

specific treatment approaches. Treatment providers

typically need to become familiar with criminal justice

accountability issues and court operations. All need to

understand and comply with drug testing standards and

procedures. 

One method of educating new wellness court staff about

wellness court operations is to visit an existing court to

observe its operations and ask questions. On-site

experience with an operating wellness court provides an

opportunity for new wellness court staff to talk to their

peers directly and to see how their particular role

functions. 

Recommended Practices

1. Key personnel should have attained a specific level

of basic education, as defined in professional job

descriptions and in the written operating procedures. The

operating procedures should also define requirements for

the continuing education of each team member.

2. Team member from justice, treatment and social

services agencies should cross-train each other beginning

with the wellness court design and planning process and

continuing throughout wellness court operations. It

should never be assumed that professionals from the

legal discipline or the treatment or social services

disciplines know the purpose, processes and limitations

of each other’s agencies.

3. Attendance at educational and training sessions by all

team members is essential. Regional and national drug

court training sessions provide critical information about

innovative developments across the nation. Sessions are

most productive when team members attend as a group.

Credits for continuing professional education should be

offered, when feasible.

4. Continuing education institutionalizes the Healing

to Wellness Court and moves it beyond its initial

identification with the key staff that may have founded

the program and nurtured its development. 

5. An education syllabus and curriculum should be

developed describing goals, policies, and procedures.

Topics might include:

■ Goals and philosophy of the Healing to Wellness

courts; 

■ The nature of alcohol and other drug abuse, its

treatment and terminology;

■ The dynamics of abstinence and techniques for

preventing relapse;

■ Responses to relapse and to noncompliance with other

program requirements;

■ Basic legal requirements of the program and an

overview of the local criminal justice system’s

policies, procedures, and terminology; 

Key Component 9

Continuing interdisciplinary education promotes effective 

wellness court planning, implementation, and operation.
22

Tribal Healing to Wellness Courts

■ Drug testing standards and procedures; 

■ Sensitivity to racial, cultural, ethnic, gender, and

sexual orientation as they affect the operation of the

drug court; 

■ Interrelationships of co-occurring conditions such as

alcohol and other drug abuse and mental illness (also

known as “dual diagnosis”); and 

■ Federal, State, and local confidentiality.
23

Healing to Wellness Courts contribute to communityand nation building among indigenous tribal peoples.

Not only do Healing to Wellness Courts help to redirect

lost community members back into a more positive way

of life, but the bringing together of the community’s

healing resources requires the tribal leadership, staff, and

citizens to communicate, coordinate and cooperate more

beneficially with one another and have an understanding

of each other’s roles and responsibilities. By working

together on a shared vision of health and wellness, the

community and nation as a whole can make plans

regarding how this vision can be attained with both the

wisdom from the past and the resources presently

available. Consequently, Healing to Wellness Court staff

and others involved in the Court must receive specific

and focused education and training that supports the

Court’s goals and objectives. Moreover, it is important

that all community members are made aware of the

Healing to Wellness Court’s purpose, place, and meaning

to the future of the Tribe and Nation so that everyone in

the community is actively thinking and working towards

the same goal.

Because of its unique approach in the criminal justice

system, a wellness court is especially well suited to

develop coalitions among private community-based

organizations, public criminal justice agencies, and

treatment delivery systems. Forming such coalitions

expands the continuum of services available to wellness

court participants and informs the community about the

healing journey of wellness court programs. 

The wellness court is a partnership among

organizations—public, private, and community-based—

dedicated to a coordinated and cooperative approach to

the alcohol and other drug offender. The wellness court

fosters system wide involvement through its commitment

to share responsibility and participation of program

partners. As a part of—and as a leader in—the formation

and operation of community partnerships, wellness

courts can help restore public faith in the criminal justice

system.

Recommended Practices

1. Representatives from the court, community

organizations, law enforcement, corrections, prosecution,

defense counsel, supervisory agencies, treatment and

rehabilitation providers, educators, health and social

service agencies, and the faith community should meet

regularly to provide guidance and direction to the drug

court program. 

2. The court plays a pivotal role in linking community

groups and the criminal justice system. The linkages are

a conduit of information to the public about the drug

court, and conversely, from the community to the court

about available community services and local problems. 

3. Partnerships between courts and law enforcement

and/or community policing programs can build effective

links between the court and offenders in the community. 

4. Participation of public and private agencies, as well as

community-based organizations, should be formalized

through a steering committee. The steering committee

aids in the acquisition and distribution of resources. An

especially effective way for the steering committee to

operate is through the formation of a nonprofit

corporation structure that includes all the principal court

partners, provides policy guidance, and aids in fundraising and resource acquisition. However, an informal

steering committee may be just as effective.

5. Healing to Wellness court programs and services

provide opportunities for community involvement

through forums, informational meetings, and other

community outreach efforts.

Key Component 10

The development of ongoing communication, coordination, and 

cooperation among team members, the community and relevant 

organizations are critical for program success.
25

Jerry Gardner, Executive Director

Pat Sekaquaptewa, Associate Director

Elton Naswood, Program Manager

Tribal Law and Policy Institute (TLPI)

8235 Santa Monica Blvd., Suite 211

West Hollywood, California 90046

Telephone: 323/650–5467

Fax: 323/650–8149

Email: jerry@tribal-institute.org

pat@tribal-institute.org

elton@tribal-institute.org

Website: www.tribal-institute.org

Richard Nedelkoff, Director

Bureau of Justice Assistance

Office of Justice Programs

U. S. Department of Justice

810 Seventh Street N.W.

Washington, D.C. 20531

Telephone: 202/616–6500

Fax: 202/305–1367

Website: www.ojp.usdoj.gov/BJA

Janna Walker, Executive Director

Chico Gallegos, Staff Counsel and Chief 

Financial Officer

Native American Alliance Foundation (NAAF)

23221 Flint Ridge Drive

Kansas, Oklahoma 74347

Telephone: 918/597–2900

Fax: 918/597–2901

Kimberlee Canter, Training Coordinator

Native American Alliance Foundation (NAAF)

P.O. Box 9874

Alexandria, Virginia 22304

Telephone: 703/370–0965

Fax: 703/370–0968

Website: www.native-alliance.org

Caroline S. Cooper, Director

OJP Drug Court Clearinghouse & Technical 

Assistance Project

American University, Brandywine 660

4400 Massachusetts Avenue NW.

Washington, DC 20016–8159

Telephone: 202/885–2875

Fax: 202/885–2885

Website: www.american.edu/justice

Sources for Additional Information
27

Adrienne Active, Wellness Coordinator, Alaska

Federation of Natives (Alaska)

Max Aguilar, Prosecutor, Gila River Indian Community

Donna Arch, Court Counselor, Eastern Band of

Cherokee Indians (North Carolina)

Kimberly Canter, Training Coordinator, Native

American Alliance Foundation (Virginia)

Caroline Cooper, Director, Drug Court Clearinghouse,

American University (Washington, D.C.)

Hon. Brenda C. Desmond, Special Master, Missoula

County Judicial District (Montana)

James Edwards, Caseworker/Consultant, Cook County

Social Casework Department (Illinois)

Reba Elders, Treatment Specialist, Eastern Band of

Cherokee Indians (North Carolina)

Hon. Mark Filosa, Special Master, 3rd Judicial District

Juvenile Drug Court (New Mexico)

Lisa Jaeger, Tribal Government Specialist, Tanana

Chiefs Conference, Inc. (Alaska)

Hon. Joseph Flies-Away, Associate Judge, Hualapai

Tribal Court (Arizona)

Richard Franits, Director, Youth and Family Counseling

(New Mexico)

H. Chico Gallegos, Staff Counsel & Chief Financial

Officer, Native American Alliance Foundation

(Oklahoma)

Jerry Gardner, Executive Director, Tribal Law and

Policy Institute (California)

Cindy Haro, Attorney, Legal Services of the Virgin

Islands (United States Virgin Islands)

Brian Hendrix, Executive Director, Payne County Drug

Court, Inc. (Oklahoma)

Susan James-Andrews, President, James-Andrews and

Associates (Virginia)

Hon. Ronald E. Johnny, Chief Judge, Duckwater

Shoshone Tribal Court (Nevada)

Hon. B.J. Jones, Chief Judge, Sisseton-Wahpeton Tribal

Court (North Dakota)

Hon. Richard Martin, Judge, Native Village of

Chickaloon (Alaska)

Kimberly Martus, Tribal Justice Consultant, Alaska

Tribal Justice Resource Center (Alaska)

Hon. Jeff Maupin, Judge, Native Village of Barrow

(Alaska)

Dave McCullough, Attorney, Michael Minnis and

Associates (Oklahoma)

Ada Pecos Melton, President, American Indian

Development Associates (New Mexico)

Doug Modig, Consultant, Gathering of Eagles (Alaska)

Elton Naswood, Program Manager, Tribal Law and

Policy Institute (California)

Ray Perales, Consultant, Native American Alliance

Foundation (Wisconsin)

Edward Reina, Chief of Police, Reno-Sparks Indian

Community (Nevada)

Hon. Pat Riggs, Former Judge/Consultant, Ysleta Del

Sur Pueblo (Texas)

Marilyn Roberts, Director, Drug Courts Program Office

(Washington, D.C.) 1996–2002.

Dr. Kenneth Robinson, President, Correctional

Counseling, Inc. (Tennessee)

Tribal Advisory Committee (TAC) for

Tribal Healing to Wellness Courts 
28

Tribal Healing to Wellness Courts

Clarissa Rodrigues-Coelho, Program Manager, Bureau

of Justice Assistance (Washington, D.C.)

Pat Sekaquaptewa, Associate Director, Tribal Law and

Policy Institute (Illinois)

Lori Sherrod, Program Manager, Bureau of Justice

Assistance (Washington, D.C.)

Hon. Jill E. Tompkins Shibles, Executive Director,

National Tribal Justice Resource Center (Colorado)

Hon. Don Sollars, Tribal Judge Emeritus, Blackfeet

Tribal Alternative Court (Montana)

Randrick (Kimo) Souza, Project Coordinator, Mesa

Gang Intervention Project (Arizona)

Susan Spotted Bear, Program Director, Blackfeet Tribal

Alternative Court (Montana)

Sarah Stuckey, Counselor, Youth and Family

Counseling (New Mexico)

Hon. Irene Toledo, District Judge, Navajo District Court

(New Mexico)

Edward Vance, Tribal Court Prosecutor, YavapaiApache Nation (Arizona)

Janna Walker, Executive Director, Native American

Alliance Foundation (Oklahoma)

Ann Wallace-Filosa, Program Director, Las Cruces

Juvenile Drug Court (New Mexico)

Rita Weeks, Court Administrator, Fort Peck Tribal Court

(Montana)

Wayne Weston, Program Development Specialist,

Cangleska, Inc. (South Dakota)

Donna White, Court Administrator, Poarch Band of

Creek Tribal Court (Alabama)

Hon. Ernest White, Judge, Poarch Band of Creek Tribal

Court (Alabama)

Jonathan Whitefoot, Public Safety Commissioner,

Yakama Nation (Washington)

L. Winnemucca, Contract Facilitator, Native American

Alliance Foundation (Florida)

Wilbur Woodis, Data Manager/Counselor, Indian Health

Service (Maryland)
29

abuse: Substance abuse should be distinguished from

“experimental use,” “regular use,” and “dependency.”

Substance abuse is observed as the use of increased

amounts of the substance, the trying of other types of

drugs or alcohol, thoughts of being drunk or high when

sober, more and more time spent thinking about,

obtaining, and using the substance, problems with family

and police, thoughts about quitting which are not

followed up, and increased guilt or shame about using

the substance.

affidavit: Written statement signed under oath.

aftercare: Classes, counseling, groups and/or activities

which focus on preparing participants for completing the

Healing to Wellness Court Program, facing challenges of

re-connecting to the community, and the development of

external support systems.

assessment (or clinical assessment): A process

completed by treatment staff to determine the

participant’s level of chemical dependence and need for

treatment services, including the identification of the

specific types, the sequence, and intensity of treatment

services needed (note that this process is generally

completed after legal and clinical screenings).

case management: An individualized plan for securing,

coordinating, and monitoring the appropriate treatment

interventions and related services (medical and dental

services, job search and training skills, housing, heating,

electricity, transportation, etc.) needed to treat each

participant successfully for the best results. 

case staffings: Meetings of wellness court team

members, usually held just prior to court appearances by

participants, where information about the participant’s

drug testing results, attendance and participation in

required treatment and other required activities, and

other relevant information is shared and updated.

Recommendations about the participant are also made to

the judge during this time.

charging document: The legal form used by the

prosecution to begin the criminal process against an

offender.

clinical screening: A process by treatment staff to

determine whether the prospective participant has a

substance abuse problem that can be addressed by

available treatment services and if there are other

problems, such as a mental health disorder, that would

interfere with treatment. 

co-occurring problems: Other challenges and

difficulties both medical (such as fetal alcohol or mental

illness problems) and non-medical (such as educational

or family problems), that adversely affect a participant’s

ability to successfully complete the wellness program. 

confidentiality: Refers to information about a person

that is private and protected by federal and other laws to

prevent its disclosure without the person’s consent.

creatinine levels: Creatinine is a muscle breakdown

product, which is excreted in the urine at a steady rate.

There are two important reasons to measure creatinine

levels in urine specimens: (1) to determine whether a

person is internally diluting their urine (drinking

excessive amounts of water); and (2) to test for new, as

opposed to previous, Marijuana (THC) use. The ratio of

THC to creatinine should decrease over time when there

is no new use. 

detoxification: A process of discontinuing of drug and

alcohol use that leads to reduction and elimination of

drugs and alcohol from the participant’s body.

Detoxification may or may not need to be medically

supervised depending upon the type of drug being

discontinued.

dual diagnosis: a clinical assessment by treatment staff

that the participant has both a substance abuse and a

mental illness problem.

due process: the required process of law as set forth in

the federal Bill of Rights, the Indian Civil Rights Act

and/or applicable tribal or state law—generally a person

Glossary of Terms Used in This Publication
30

Tribal Healing to Wellness Courts

is entitled to have notice and an opportunity to be heard

(that is, a real chance to present his or her side in a legal

dispute) and that no law or government procedure should

be arbitrary or unfair.

incentives: Rewards used within the Healing to Wellness

Court program to promote compliance and healing.

information system: The way a program gathers, uses

and reports information about its participants and

activities. The system may be computerized (automated)

or manual. 

interagency agreements: Written documents that reflect

the interests of the organizations or agencies and their

commitments to the program.

legal screening: A process to decide if the prospective

participant meets the eligibility criteria for the wellness

court related to criminal history, type and severity of

offense and other criteria as defined by the team during

initial planning. 

memorandum of agreement: Written document

between units of government that reflect the interests of

the organizations and their commitments to the program.

operating procedures: A series of activities performed

in a regular definite order under specifically identified

conditions.

outcome evaluation: Gathering information to

determine a program’s success in meeting its goals. An

outcome evaluation may look at a program’s impact on

the individual and on the community.

outpatient treatment: A program or set of services for

assisting a participant with his or her healing from drug

or alcohol abuse which does not make use of

hospitalization or confinement to a facility.

participant: This is the term used for juveniles or

defendants who are referred to and are accepted into a

Healing to Wellness Court Program.

phased treatment plan: The schedule of classes,

counseling, therapeutic and other activities and support

groups that Healing to Wellness Court participants are

required to attend over a twelve month or longer period

in order to complete the program.

process evaluation: Gathering information to describe

and analyze how a program is operating or meeting its

administrative and procedural goals and to identify

problems or concerns in implementing a program.

program monitoring: A way of providing oversight and

periodic measurements of a program’s performance

against its stated goals and objectives. 

protocols: The rules and formalities used for interactions

among agencies and organizations. 

relapse: A return to use of alcohol and or drug use after

of period of not using the substance(s).

releases of information: Written consent forms

permitting information to be transferred from one place

to another concerning the person signing the form. A

release may be used to show permission to gather

information about health, treatment participation,

criminal history and other services used by the

participant for use by the wellness court. 

sanctions: Punishments, consequences, or appropriate

responses to behavior used within the wellness court

program to promote compliance and healing.

status hearing or compliance hearing: The

participant’s appearance before the court to review

progress in the wellness court program. 

violent offender: In drug courts, the term generally

refers to the definition of “violent offender” as set forth

in the statutes that authorize federal funding for drug

court programs, but prohibit the use of these funds for a

“violent offender.” The statutes define “violent offender”

as a person who either (1) is charged with or convicted

of an offense, during the course of which offense or

conduct the person carried, possessed, or used a firearm

or dangerous weapon; there occurred the death of, or

serious bodily injury to any person; or there occurred the

use of force against the person of another, without regard

to whether any of the circumstances previously described

is an element of the offense or conduct of which or for

which the person is charged or convicted or (2) has one

or more prior convictions for a felony crime of violence

involving the use or attempted use of force against a

person with the intent to cause death or serious bodily

harm, 42 U.S.C. S 3796ii et seq.
31

1. American University, Office of Justice Programs Drug

Court Clearinghouse and Technical Assistance Project,

Tribal Court Activity Update of December 2000.

2. Hubbard, R., Marsden, M., Rachel J., Harwood, H.,

Cavanaugh, E., and Ginzburg, H. Drug Abuse Treatment:

A National Study of Effectiveness. Chapel Hill:

University of North Carolina Press, 1989.

3. See the Practical Guide for Applying Federal

Confidentiality Laws to Drug Court Operations prepared

by the Drug Court Clearinghouse and Technical

Assistance Project at American University, funded and

published by the U.S. Department of Justice, Office of

Justice Programs.

Notes
33

The following publications may be ordered from:

The National Criminal Justice Reference Service

P.O. Box 6000 Rockville, MD 20849–6000

Phone (800) 851–3420 Fax (301) 519–5212 

Website: http://puborder.ncjrs.org

Title NCJRS Number

Healing to Wellness Courts: 

A Preliminary Overview NCJ 178907

Promising Practices and Strategies to Reduce 

Alcohol and Substance Abuse Among 

American Indians and Alaska Natives NCJ 183930

Looking at a Decade of Drug Courts NCJ 171140

Defining Drug Courts: The Key Components NCJ 165478

1997 Drug Court Survey Report Executive 

Summary NCJ 168280

Drug Court Resources Series Practical Guide 

for Applying Federal Confidentiality Laws to 

Drug Court Operations NCJ 176977

Juvenile and Family Drug Courts: 

An Overview NCJ 171139

Guideline for Drug Courts on Screening and 

Assessment NCJ 171143

Drug Court Monitoring, Evaluation, and 

Management Information Systems NCJ 171138

Drug Court Identification and Testing 

in the Juvenile Justice System NCJ 167889

National Association of Drug Court Professionals

901 North Pitt Street, Suite 370 Alexandria, VA 22314 

Phone (703) 706–0576 Fax (703) 706–0577 

NADCP Tribal Mentor Courts: A Regional Approach 

to Provide Training and Technical Assistance to 

Native American Healing to Wellness Courts by 

Native American Healing to Wellness Courts

Recommended Reading List

National Drug Court Institute

901 North Pitt Street, Suite 370 Alexandria, VA 22314 

Phone (703) 706–0576 Fax (703) 706–0577 

Research on Drug Courts: A Critical Review, CASA, 1998

Notre Dame Law Review, “Therapeutic Jurisprudence and the 

Drug Treatment Court Movement,” Vol. 74, 2, January 1999

NDCI Fact Sheet, No. 1: Family Drug Courts; An Alternative 

Approach to Processing Child Abuse and Neglect Cases

Federal Confidentiality Laws and How They Affect Drug Court 

Practitioners, 1999

Drug Courts: A Research Agenda, 1999

Drug Court Publications: Resource Guide, 1999

DUI/Drug Courts: Defining a National Strategy, 

Monograph #1, 1999

Development and Implementation of Drug Court Systems, 

Monograph #2, 1999

Drug Courts: A Revolution in Criminal Justice

OJP Drug Court Clearinghouse and Technical 

Assistance Project

4400 Massachusetts Ave, N.W., 

Washington, D.C. 20016-8159 

Phone (202) 885–2875 Fax (202) 885–2885

Justice Program Office Clearinghouse Reference 

Collection Website: www.american.edu/justice

Tribal Drug Court Operational Materials

Drug Testing in a Drug Court Environment: Common 

Issues to Address (Robinson & Jones)

Applying Drug Court Concepts in the Juvenile and Family 

Court Environments: A Primer for Judges (McGee, Parnham, 

Merrigan, Smith, & Cooper)

Drug Court Activity Updates
34

Tribal Healing to Wellness Courts

TAP 4 Coordination of Alcohol, Drug PHD583

Abuse, and Mental Health Services 

TAP 6 Empowering Families, Helping BKD81 

Adolescents: Family-Centered 

Treatment of Adolescents with 

Alcohol, Drug Abuse, and Mental 

Health Problems 

TAP 8 Relapse Prevention and the BKD121 

Substance-Abusing Criminal 

Offender 

TAP 9 Funding Resource Guide for BKD152

Substance Abuse Programs 

TAP 10 Rural Issues in Alcohol and PHD662 

Other Drug Abuse Treatment 

TAP 11 Treatment for Alcohol and Other PHD663 

Drug Abuse: Opportunities for 

Coordination 

TAP 13 Confidentiality of Patient Records BKD156

for Alcohol and Other Drug 

Treatment 

TAP 17 Treating Alcohol and Other Drug BKD174

Abusers in Rural and Frontier 

Areas 

TAP 18 Checklist for Monitoring Alcohol PHD722

and Other Drug Confidentiality 

Compliance 

TAP 19 Counselor’s Manual for Relapse PHD723 

Prevention With Chemically 

Dependent Criminal Offenders 

TAP 20 Bringing Excellence to Substance BKD220 

Abuse Services in Rural and 

Frontier America 

TAP 23 Substance Abuse Treatment for BKD310 

Women Offenders: Guide to 

Promising Practices 

The National Clearinghouse for Alcohol and 

Drug Information

Phone (800) 729–6686 Fax (301) 468–6433 

TIP # Title Reference #

TIP 3 Screening and Assessment of BKD108

Alcohol- and Other Drug-Abusing 

Adolescents 

TIP 4 Guidelines for the Treatment of BKD109 

Alcohol- and Other Drug-Abusing 

Adolescents 

TIP 7 Screening and Assessment for BKD138

Alcohol and Other Drug Abuse 

Among Adults in the Criminal 

Justice System 

TIP 8 Intensive Outpatient Treatment BKD139

for Alcohol and Other Drug Abuse 

TIP 9 Assessment and Treatment of BKD134 

Patients with Coexisting Mental 

Illness and Alcohol and Other 

Drug Abuse 

TIP 12 Combining Substance Abuse BKD144

Treatment with Intermediate 

Sanctions for Adults in the 

Criminal Justice System 

TIP 17 Planning for Alcohol and Other BKD165

Drug Abuse Treatment for Adults 

in the Criminal Justice System 

TIP 19 Detoxification from Alcohol and BKD172

Other Drugs 

TIP 21 Combining Alcohol and Other BKD169 

Drug Abuse Treatment With 

Diversion for Juveniles in the 

Justice System 

TIP 23 Treatment Drug Courts: Integrating BKD205

Substance Abuse Treatment with 

Legal Case Processing 

TAP 1 Approaches in the Treatment of PHD580

Adolescents with Emotional and 

Substance Abuse Problems

TAP 2 Medicaid Financing for Mental PHD581 

Health and Substance Abuse 

Services for Children and 

Adolescents 

TAP 3 Need, Demand, and Problem PHD582 

Assessment for Substance Abuse 

Services 
Bureau of Justice Assistance

Information

For more indepth information about BJA, its programs, and its funding opportunities, requesters can call

the BJA Clearinghouse. The BJA Clearinghouse, a component of the National Criminal Justice Reference

Service (NCJRS), shares BJA program information with state and local agencies and community groups

across the country. Information specialists are available to provide reference and referral services, publication

distribution, participation and support for conferences, and other networking and outreach activities. The

clearinghouse can be reached by:

❒ Mail

P.O. Box 6000

Rockville, MD 20849–6000

❒ Visit

2277 Research Boulevard

Rockville, MD 20850

❒ Telephone

1–800–688–4252

Monday through Friday

8:30 a.m. to 7 p.m.

eastern time

❒ Fax

301–519–5212

❒ BJA Home Page

www.ojp.usdoj.gov/BJA

❒ NCJRS Home Page

www.ncjrs.org

❒ E-mail

askncjrs@ncjrs.org

❒ JUSTINFO Newsletter

E-mail to listproc@ncjrs.org

Leave the subject line blank

In the body of the message,

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